Bail granted for man as appeal goes forward in rape conviction

Aug. 17—WILKES-BARRE — Convicted after a Luzerne County non-jury trial of raping a woman, Edwin Colon is coming home. Sort of.

President Judge Michael T. Vough granted bail for Colon, 32, earning his release from the State Correctional Institution at Huntingdon in south central Pennsylvania while his appeal progresses in Pennsylvania Superior Court.

Vough, who convicted Colon on charges of rape, involuntary deviate sexual intercourse, sexual assault, simple assault and two counts of indecent assault, recommended a new trial as part of the appeal.

Colon was sentenced to spend 10 to 20 years in prison.

Colon initially was arrested by Plymouth police after the woman claimed he raped and sexually assaulted her in August 2019. The woman later recanted her allegations and refused to testify against Colon, with whom she shares children.

The bail hearing held Thursday was ordered by the Superior Court after Vough denied a motion by Colon's attorney, Mark Hinrichs, for bail on June 21.

Assistant District Attorney Carly Levandoski did not oppose bail but requested the same bail conditions be set as Colon had before his non-jury trial held in July 2022, which was $100,000 and not to have any contact with the woman.

Colon said he will reside with his brother.

The woman spoke in support of Colon during the bail hearing.

In recommending Colon receive a new trial, Vough determined recorded interviews police had with the woman were mistakenly admitted during the non-jury trial as the woman opted not to testify.

Because the woman did not testify, Colon's trial attorney, Daniel Hunter, did not have an opportunity to confront his accuser or challenge the recorded interviews.

"The recorded statement admitted into evidence was inadmissible hearsay," Vough wrote in his opinion required for the appeal in Superior Court.